The Waste Regulations, 2000

PART VIII: WASTE MANAGEMENT LICENCES

Prohibition on unlicensed operation of a Waste Disposal Facility

17. (1) A person shall not operate a waste disposal facility except under and in accordance with a waste management licence issued by the Authority under regulation 18.

(2) Any person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and, in the case of a natural person, to imprisonment to a term not exceeding two years or to both imprisonment and a fine.

Applications for Waste Management Licences

18. (1) Every person wishing to be granted a waste management licence shall submit an application to the Authority setting out details of -
(a) the applicant (including name and contact details);
(b) the site, including relevant land use in the surrounding area;
(c) the proposed management and operating methods;
(d) the technical expertise and experience of the applicant and its staff in undertaking the waste management activities for which the licence is required;
(e) the actual and/or anticipated environmental impacts of the operation of the facility unless such information has already been submitted to the Authority in compliance with the requirements of the Environmental Audit, Assessment and Review Regulations 2000;
(f) the fee prescribed in Schedule Four;
(g) the anticipated categories and quantities of waste to be handled and disposed of at the facility; and
(h) any other information which the Authority may reasonably require.

(2) Where the applicant intends to operate a waste disposal facility, the applicant shall include, with the application, a facility operating plan for the waste disposal facility that shall as a minimum include:
(a) a set of facility rules and standards relating to the operation of the facility;
(b) a list of the types and volumes of waste which may be accepted at the facility;
(c) the technical standards of the facility
(d) the staffing of the facility including security and monitoring measures; and
(e) the overall management of the facility.

(3) Upon receipt of an application for a waste management licence the Authority shall inspect the site and may require the applicant to provide further information to enable the Authority to properly evaluate the application.

(4) The Authority shall evaluate each application for a waste management licence and any other relevant information submitted to it in connection with the issuing of an environmental compliance certificate, and shall within sixty days of receipt of the application and all other information required by the Authority, either -
(a) grant a licence if the Authority is satisfied that the applicant has sufficient expertise to operate the waste disposal facility in accordance with guidelines prescribed by the Authority and in a manner which will not cause any adverse effect; or
(b) reject the application giving its reasons in writing to the applicant.

(5) The Authority shall issue a waste management licence subject to whatever terms and conditions the Authority considers appropriate to ensure that the site is properly managed and the waste is disposed of without causing any adverse effect. These terms and conditions may be incorporated in the waste management licence by reference to the facility operating plan which shall form part of the waste management licence.

(6) The Authority may by written notice to the holder of a waste management licence, amend the terms and conditions of the licence (including the provisions of the facility operating plan) if the Authority considers that the amendments are necessary to avoid or mitigate any adverse effect.

(7) A waste management licence may not be surrendered by the holder except in accordance with regulation 19.

(8) A waste management licence is not transferable by the holder but the Authority may transfer it to another person under regulation 20.

(9) A waste management licence shall remain in force until it is revoked by the Authority under regulation 33(4) or its surrender is accepted by the Authority under regulation 19.

(10) The operator of a waste disposal facility shall -
(a) take all reasonable steps to ensure that the disposal of waste at the site is carried out in such a manner as to avoid any adverse effect;
(b) refuse to accept special waste at the facility unless it is delivered by the holder of a valid special waste management licence and special waste carrier licence and is accompanied by four copies of a consignment note in accordance with regulation 15;
(c) ensure that special waste is disposed of separately in accordance with the requirements of the Authority;
(d) monitor the site to ensure that the waste is being disposed of in accordance with the licence and without causing any adverse effect;
(e) keep records on any monitoring for the duration of the waste management licence; and
(f) submit any proposed amendment to the facility operating plan to the Authority for approval.

(11) No amendment to the facility operating plan shall be effective unless approved by the Authority in writing and incorporated into the waste management licence.

Surrender of a Waste Management Licence

19. (1) The holder of a waste management licence may not surrender the licence unless the Authority accepts the surrender in accordance with this regulation.

(2) The holder of a waste management licence may apply to the Authority for permission to surrender the licence and shall provide any information that the Authority may reasonably require to determine the application.

(3) Upon receipt of an application for the surrender of a waste management licence in respect of a waste disposal facility, the Authority shall inspect the facility, and the site, and where the Authority is -
(a) satisfied that there is no significant risk of any adverse effects being caused directly or indirectly by the waste disposed of at the site, it shall accept the surrender of the licence;
(b) not satisfied under paragraph (a), it shall refuse to accept the surrender of the licence, and shall notify the applicant of the measures that the Authority requires the applicant to take to remove the risk of any adverse effects, in order for the Authority to accept the surrender of the licence.

(4) If the holder of the licence fails to take the measures referred to in sub-regulation (3)(b), the Authority may take the measures and recover the costs incurred in doing so from the licence holder.

(5) Where the surrender of a licence is accepted under sub-regulation (3), the Authority shall issue to the applicant a certificate of completion stating that it is satisfied as stated in sub-regulation (3)(a) and, on the issue of that certificate, the licence shall cease to have effect.

Transfer of a Waste Management Licence

20. (1) A waste management licence may be transferred to another person only in accordance with this regulation.

(2) Where the holder of a waste management licence wishes to transfer the licence to another person ("the proposed transferee") the licence holder and the proposed transferee shall jointly make an application to the Authority and shall provide whatever information the Authority may reasonably require to determine the application.

(3) If the Authority is satisfied that the proposed transferee has sufficient expertise to operate the waste disposal facility in accordance with guidelines prescribed by the Authority and in a manner which will not cause harm to the environment or human health, the Authority shall effect a transfer of the licence to the proposed transferee, and if it is not so satisfied it shall refuse the transfer application.

(4) The Authority shall effect a transfer of a licence under the sub-regulation (3) by causing to be endorsed with the name and other particulars of the proposed transferee as the holder the licence of the licence from such date specified in the endorsement as may be agreed with the applicants.